Dec 22, 2024
In this article, we examine two recent decisions highlighting how unreasonable conduct in tribunal proceedings can impact costs awards. While refusal to mediate is a well-known example, other behaviours can also qualify as unreasonable. We focus on the cases of...
Dec 21, 2024
Legal Analysis: The Binding Nature of “Reasonable Endeavours” in Settlement Agreements In the recent case involving Moussa Raymond Salem (“Moussy”) and his uncles Freddy and Beno Moussa Salem, the court examined the enforceability of a “reasonable endeavours” clause...
Dec 19, 2024
Mediating Climate Change Disputes: Addressing Scope 3 Effects and Advancing International Law in Energy Transitions I Tackling Net-Zero Disputes: The Role of Mediation As nations and corporations pursue ambitious net-zero goals, disputes over resource allocation,...
Dec 17, 2024
The case of Michael Gymer serves as a compelling and sobering example of the legal, emotional, and ethical dilemmas that can arise when someone dies intestate—without leaving a will. It also raises significant questions about fairness, the role of moral judgments, and...
Dec 15, 2024
The Importance of Disclosure Before Mediation or Settlement Processes The case of Dennis & Ors v Queenwood Golf Club Ltd [2024] EWHC 3191 (Ch) highlights the critical role that disclosure can play in advancing settlement discussions, including mediation. At its...
Dec 10, 2024
Can the Court Override Confidentiality in a Mediation? Typically, statements and disclosures made during a mediation are protected by confidentiality and cannot be referred to in court proceedings. However, this principle was challenged in the case of Pentagon Foods,...
